United States Statutes at Large/Volume 1/4th Congress/1st Session/Chapter 10

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March 31, 1796
[Obsolete.]
Chap. Ⅹ.—An Act making certain provisions in regard to the Circuit Court, for the district of North Carolina.


Whereas a sufficient quorum of judges did not attend to hold the circuit court, for the district of North Carolina, for the purpose of doing business in June term, one thousand seven hundred and ninety-five; and no judge attended to hold the said court in November term, in the same year: in consequence whereof, certain provisions are now become necessary and expedient to prevent a failure of justice in the said court:

District judge of N. Carolina may order certain process for a jury to attend the circuit court at the next June term.Section 1. Be it therefore enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may be lawful, for the district judge of the state of North Carolina, to direct the clerk of the said court, to issue such process for the purpose of causing persons to be summoned to serve as jurymen at the said court, at the term to commence the first day of June next, as has been before issued by the clerk of the said court for the like purpose returnable to June term, one thousand seven hundred and ninety-five; that the persons ordered by the said process to be summoned for the said purpose, shall be ordered to be summoned in the same proportion and from the same counties, as those persons who were ordered to be summoned for the like purpose by process returnable at June term, one thousand seven hundred and ninety-five: Provided, that it shall appear expedient to the said district judge, that a different time of notice shall be prescribed, than that hitherto prescribed, Different time of notice may be given to jurors.he may cause such other time of notice to be directed to be given as to him shall appear most conducive to justice, and convenient to the persons to be summoned: and the marshal is hereby directed to execute the said process so to be issued, and the persons who shall be legally summoned to attend as jurymen in consequence thereof, are hereby required to attend the said court, under the like penalties for disobedience as if the said process had been ordered to be issued by the said court in the ordinary method of proceeding: And the marshal and the persons who shall attend as jurymen in virtue of the said process so to be issued, shall be entitled to the like allowances for their services respectively.

No discontinuance on account of the court not having been held.Sec. 2. And be it further enacted, That all suits and proceedings, of what nature or kind soever, which have been commenced in the said court and not finished, shall be proceeded on at the ensuing term, in the same manner and to the same effect, as if the said circuit court had been regularly held for the purpose of business in June and November terms, one thousand seven hundred and ninety-five, and continuances had been regularly entered of all suits and proceedings in either or both of the said terms, in which they were depending, in the usual manner of proceeding, as the case might be.

Process tested in certain terms to be nevertheless valid.Sec. 3. And be it further enacted, That all writs and other process sued out of the clerk’s office of the said circuit court, according to the accustomed method bearing test in November term, one thousand seven hundred and ninety-four; June term, one thousand seven hundred and ninety-five, or November term, one thousand seven hundred and ninety-five, shall be held and deemed of the same validity and effect as if the respective terms of June and November, one thousand seven hundred and ninety-five, had been regularly held by a judge or judges competent to do business and continuances in respect to writs or other process returnable to the two last mentioned terms had been regularly entered.

Approved, March 31, 1796.